Kira Moore and Zy’aire Jermaine Perry, a minor by his parent and legal guardian Kira Moore v. Compcare Health Services Insurance Corporation and State of Wisconsin Department of Health Services, Kassahun Haile, Hill Billy Trucking LLC, Bowman Sales and Equipment Inc., Xpress Line Inc., Chubb National Insurance Company, Southlake Specialty Insurance Company, and ABC Insurance Company

Summary

The United States District Court for the Eastern District of Wisconsin granted Hill Billy Trucking LLC’s motion to amend defective jurisdictional allegations in its notice of removal. The court denied the plaintiffs’ motion to remand, concluding that amended allegations established complete diversity and that the objection to the lack of unanimous consent was an untimely procedural challenge.

Holdings

1. The court granted Hill Billy leave to amend its notice of removal because the defects concerned jurisdictional allegations and the proposed amendment cured those defects.
2. For purposes of diversity jurisdiction, the citizenship of Hill Billy, a dissolved LLC that remained subject to suit under Ohio law, was determined by the citizenship of its sole member at dissolution.
3. The amended jurisdictional allegations established complete diversity and confirmed subject-matter jurisdiction under 28 U.S.C. § 1332(a).
4. Plaintiffs waived their objection to the alleged lack of unanimous consent because they did not move to remand within 30 days after removal; the court therefore denied remand on that ground.

Questions Presented

1. Whether Hill Billy Trucking LLC should be permitted to amend the jurisdictional allegations in its notice of removal.
2. Whether the amended allegations established complete diversity and federal subject-matter jurisdiction under 28 U.S.C. § 1332(a).
3. Whether the action had to be remanded because Southlake Specialty Insurance Company did not consent to removal, where the remand motion was filed more than 30 days after removal.
4. Whether a dissolved limited liability company’s citizenship should be determined by the citizenship of its members at the time of dissolution.

Disposition

other